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Friday, November 9, 2012

Beautiful Bastard, 50 Shades, and the difference between fanfic and retellings, inspiration and plagiarism

As you may have already learned, another book with its beginnings as a Twilight fanfic has been picked up by a major publisher. The Hollywood Reporter writes:
The Office, which reimagined the Edward Cullen-Bella Swan relationship as a steamy love/hate romance between a boss and his assistant, was one of the pioneers of the Twilight fanfic genre, generating more than two million downloads, before being taken offline by the author in 2009.
Beautiful Bastard, a reworked version of The Office written byChristina Hobbs and Lauren Billings under the pen nameChristina Lauren, is scheduled for publication on Feb. 12, 2013. A sequel, Beautiful Stranger, will be released on May 28, 2013.
Simon & Schuster’s Gallery imprint bought the rights to the story in a pre-emptive situation for what insiders describe as a “substantial” advance.
As you might have guessed, a lot of people are pissed as hell. I was one of them. After all, this is what, the second, third time a publisher has thrown a huge amount of money at a ficcer for rights to publish what the author doesn't really own? Angry tweets, many of them my own, flooded my twitter stream. As the conversations went on, I noticed that there seems to be a lot of confusion regarding what fanfic is, why it's wrong to publish it, and also what makes Beautiful Bastard different from 50 Shades. And it was during this conversation that I reverted to a neutral stance on the topic of Beautiful Bastard and the circumstances surrounding its publishing.

The way I look at it, 50 Shades of Grey is plagiarism. Not because it started out as fanfic, but because it's so maddeningly close to its source material without acknowledging it. If you've been reading my recaps, you know that major plot points, scenes, and characters from Twilight are just barely disguised by E.L. James, right down the cars the characters drive. Yes, she removed the vampire element of the story and replaced it with wealth and child abuse. Yes, she ramped up the obsessive characteristics of Edward and the neediness of Bella. At the end of the day, though, 50 Shades is still Twilight, and while its publisher and its author seem comfortable with their delusion that 50 Shades and its fanfic origin, Master of The Universe are totally different properties, Dear Author has thoroughly debunked that claim.

This is apparently not the case with The Office, a former Twilight fanfic that served as the proving ground for Beautiful Bastard. Insiders not involved with the book's publication have vouched for it, and cited massive revisions. Not the company that purchased it, not the authors themselves, but other industry professionals who have more to lose if they're seen championing a book that might be plagiarized. Right now, that's enough for me to put a hold on condemning it.

Let me be clear, though, that we're talking about what I would consider the ethical side of plagiarism, and not copyright law. I'm not talking about what is "legal" but what is "right." Those are two different concepts.

If you're writing a story and you're like, "Man, I love Harry Potter so much, I'm going to write my own wizard stories," but you're not directly copying Harry Potter, then you're talking about inspiration. Like how M*A*S*H inspired China Beach. If you're writing a story and you're like, "Man, I love Harry Potter so much, I'm going to write a story where he's not a wizard, he's just a kid going to school, and he's going to meet his two best friends, a poor kid and a smart girl, and they're going to have adventures running from a serial killer named Valdemark," then I'm sorry, you're straight up thieving. You're not taking inspiration from someone else and making the story your own. And that's what 50 Shades of Grey is. We're talking about a woman who has taken the entire story of the Twilight series and rewritten it so instead of running from vampires, Bella is running from sexual predators. Instead of struggling to balance his humanity and his dark urge to kill, Edward is struggling to balance his humanity and his dark urge to engage in sexual deviance. It's the same story. It's a rip-off.

But isn't 50 Shades of Grey just a re-imagining, or a homage, to Twilight? What's wrong with that? Nothing. Nothing is wrong with re-imaginings or homages. I wrote re-imagined fairy tales as Abigail Barnette. I wrote American Vampire, which is a love letter to Stephen King, from the name of the monster to the small town setting, to the unlikeable narrator. I love Pride and Prejudice sequels, and new Sherlock Holmes stories. But when I wrote American Vampire, I made up the story myself. I made up the characters myself. I made all of that stuff up by myself, and I added little touches here and there to let readers know that I was referencing King's work. When someone writes a Pride and Prejudice sequel, they use the backstory and the characters and the setting of Austen's work, but they write their own story. When Clueless premiered, everyone know it was Emma, and the creator acknowledged that. All E.L. James did with 50 Shades of Grey is rewrite Twilight, without vampires, and then claim it wasn't at all like Twilight. She and her publisher both claimed that 50 Shades wasn't even similar to the original fanfic it came from, which is a clear and outright lie. The similarities between the two are staggering, and a reader would become suspicious even if they didn't know it was a Twilight fanfic to begin with.

Here's another important point to consider: when someone writes a Jane Austen sequel or re-imagines a fairy tale, they aren't impacting a living writer, who is still making money from and exerting ownership over their intellectual property. Jane Austen is never going to write a sequel to Pride and Prejudice, and I'm pretty sure she doesn't give a shit at this point if someone else does. No one is dependent upon the success of her novels to feed their family, and no one even exists who has a claim of ownership over them, anyway. Her novels belong to the world now. Not so much with Twilight.

If I were to write a book called Pride and Prejudice in The West and just set the original novel's plot in a steampunk western setting, it would be awesome. So long as I acknowledged the source material and the original author, no big deal. But if I wrote that same book, but I changed Mr. Darcy to Mr. Marcy and Elizabeth Bennett to Anastasia Rose Steele, then claimed the story was entirely my own, brand new creation entirely separate from the Pride and Prejudice fanfic I'd written a year earlier, but I didn't change anything, then I'm a rip-off artist.

People in the know, who have read the fic The Office, that Beautiful Bastard started out as, have asserted that story is not similar to Twilight and would need only very minor changes to make it an original piece of fiction. The authors claim they've changed 80%. Maybe the characters will retain some similarities to the characters in Twilight, in the same way that Mark Darcy in Bridget Jones's Diary is clearly inspired by Jane Austen's Darcy. As long as the rest of the plot is different from Twilight, then I don't see much of a problem with Bella and Edward being the inspiration for those characters.

When Beautiful Bastard releases, I'll have no problem buying a copy. I want to see how much of it is similar to the original fanfic. I want to see how much of it is similar to Twilight. From what I've heard through the grapevine, not much will be. And if it turns out that everyone is wrong, and the book is just as big a Twilight rip-off as 50 Shades of Grey is, then I'll be wrong. And it won't be the first time, and we'll all survive.

Does it bother me that pull to publish is becoming a real thing? Absolutely. Fanfic was one of the last secret nerd refuges unchallenged by the mainstream, and now it's becoming the mainstream. That makes me incredibly sad. And it makes me incredibly sad when I received a landslide of despairing tweets and emails yesterday from aspiring authors who feel like giving up on their original creations because New York publishing is only interested in fanfic. If you are one of those authors, I say unto you: Don't stop. Don't give up. Because readers are going to get tired of this trend, like readers get tired of every trend. Remember 2008? When you were so tired of sexy vampires? It's going to be like that.

Someone also asked me yesterday if I would consider selling my fanfic, should the opportunity arise. This is a tricky question, because the overwhelming majority of my fanfic is written in the Les Miserables fandom. If I were approached by a publisher saying, "We really like what you did with Inspector Javert here, can we publish this," I would say, "No. But you can publish something else I'll write about Javert." Because I don't see anything ethically wrong with using an iconic character from a non-copyrighted work to build my own stories around, so long as I'm acknowledging that I didn't come up with the character myself. In fact, I'm currently working on a project that involves not only Shakespearean characters (which he stole shamelessly and without attribution, himself), but also figures from Norse mythology. I'm not going to try and convince anyone I've made those characters up on my own. I'm not going to write Romeo and Juliet as a fanfic, then change their names to Chedward and Annabella and say, "This is my own vision, entirely, because I changed their names." That would go against my personal moral code. But if someone came to me and said, "I really like your Predator fanfic, we want you to change the names owned by the Predator franchise and thinly disguise the world building so we can sell it and put your name on it without legal repercussions," then the answer is no. Not for all the money in Duckburg.

I think, more than anything, what I found so incredibly offensive about this article is the part where they said:
Twilight fanfic is  considered the most creative and prolific area of fanfic, with popular stories recasting the relationship in new settings and often dropping the vampire element completely.
Considered "the most creative and prolific area of fanfic?" REALLY? By who? People who have never heard of Star Trek? Pfffffffffffffffffff. Whatever.

So, I'm officially putting away my pitchfork and dousing my torch on the subject of Beautiful Bastard, until it releases and we all get a look at it. I apologize to everyone involved on the project for my knee-jerk reaction yesterday.

36 comments:

  1. I'm currently writing a novel for NaNoWrimo about a young female adventure named Clara Swift who is trying to save her families museum while fighting sexism in 1899 England. What I writing is my own plot but I was inspired by the Samantha Swift video games. The characters don't look alike but the main leads share a last name and they both a have a museum. The both also partner up with an older man and a younger man. If I were to publish this, after many revises, would this be considered plagiarism?

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    1. In a legal sense, probably not at all. Unless they're also trying to save her family's museum in the videogames, and fighting sexism in 1899 England. In a moral sense, if you're honest and you're like, "I was really inspired by these videogames, in these specific ways," I don't see much a difference between that and the Bridget Jones thing. But I'm not the expert. I could have it wrong. I can just speak for myself as a writer and a reader. :D

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    2. It seems there is a very, very fine line between "inspired by" and "ripped off from" and that these writers and their publishers have crossed the line. They crossed it hard. The fact that they're using the Twilight connection to sell more books is the telling detail. If it's so original and "not at all like the original" then let it stand on its own. Go on, I dare you.

      ....(not holding my breath)

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  2. I really, really liked this post. I think you did a great job clarifying the difference between blatantly ripping off someone's story as compared to what people have done with things like Pride and Prejudice (Pride and Prejudice and Zombies for example). If anyone were to try to defend 50 Shades by referencing aforesaid material I would happily link them here. Also having had yet to get around to reading American Vampire (bad fan me I know), now I am extra motivated to read it. I love Stephen King so hard. :)

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  3. Predator fan-fic sounds kind of awesome...I think you've opened my mind to a whole new wonder!

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  4. I feel the same exasperation about all of this as you do. The only way this will end is after the publishers have milked this Twilight fan fiction to print cow as dry as they can, or anything that has to do with the Twilight books for that matter. All that the rest of us who have morals can do is to keep writing the best stories we can and work hard to get them noticed. In the end, we'll appreciate all of that hard work even more without having to ride the coattails of another author.

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  5. I... don't know. This is one of those areas where I don't want to have an opinion on, because it seems like there isn't a productive opinion to have. I respect your stance on this, Jen, and I don't disagree with it (I think you make excellent points all around and couldn't find anything to criticise), I just don't know if I ought to think the same way or if there's another side of the story I'm missing.

    So put me down as undecided, I suppose.

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  6. Has the author of Twilight been gagged and thrown in a cave on a mountain somewhere, or has she made a comment on all of this crap that I haven't heard about already?

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    1. I've also been wondering that, as I've had a friend threatened by Twilight franchise lawyers for her manga style web comic, Heavenly Bride for having a bishie vampire lead who sparkles.

      Clearly, nobody in Twilight has heard of Japan where ALL the bishounen, "pretty boys" sparkle day or night.

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    2. In reply to you, Anonymous, I am inclined to believe that is in fact a HOAX. It's more common than you might think. False Youtube claims are rampant, of course, but there's also a gaming hub I used to frequent where claims were filed (*supposedly* by Funimation Entertainment) against every game vaguely Dragon Ball Z-related.

      Or it could be real, in which case it would never hold up in court.

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    3. It might have been a hoax. It came about and went away fast enoghf. You are right- it would have not held up in court. It's just the fact that 1) she would have never been able to afford to take it to court (if it had come to that) and 2) she was already getting various vampire things (that had been up for sale long before Twilight) shut down from Dazzle and Cafe Press because of "Twilight owns the property rights to that idea/theme". Oddly, other vampire things with similar themes but with better backing (the artists had more connections and influence to actually put up a court fight) were left alone.

      So was it a hoax? Were Dazzle/Cafe Press just covering their ass "just in-case" Twilight decided to push the issue? Or was it just a bug that went around, targeting the "nobody artists" because those are the easiest targets to bully?

      We were never able to find one way or the other. The law suit was probably fake, but the Dazzle/Cafe Press was real enoghf.

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  7. So, I think you have already mentioned there are plans to retell the 50 shades series from Christian's POV (double the plagarism, hooray!) Well..here are Chedward's first 2 chapters. http://read50shadesofgrey.blogspot.com.ar/2012/09/bonus-meet-fifty-shades.html

    It's as bad as you would expect, but the most disturbing part is the comment section including this poor soul, that no longer has a reason for living until another installment of 50 shades comes out:

    "OMG PLEASE TELL ME THERE IS MORE TO THIS!!! I am done reading all 3 books and I feel like my life is pointless now that I'm done! I want the books to go on and and on!!! I am in love with this books!!!"

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    1. Love that she just swapped the "Oh my!" and "Goodness!" with "Fuck!" and "Christ!" and then wrote in exactly the same way she does for Anastasia. Great POV work, James!

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  8. I just want to say, while I don't read too much fanfic anymore, I have a secret unquenchable love for Les Miserables fanfic. I don't know why.

    I suspect this will be a fad that dies pretty quickly. Or maybe I just hope it will be a fad that dies quickly.

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  9. All the publishers are after fanfics? I guess I'd better let my internet contemporaries know it's high time to publish all that Yu-Gi-Oh! fan fiction. Yeah! Expect Yu-Gi-Oh! Dead Zone to be outselling 50 Shades within a yea-

    What's that? Not that kind of fan fiction? Oh, okay. Return to the catacombs, my fellows. Your time is not yet come.

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  10. Fabulous explanation! I teach my students that if you write the lyrics to Twinkle Twinkle Little Star, most everyone knows the lyrics. You dont have to cite your source. If you want to talk about the melody - same one used in the ABC song (yes. You know you're singing through both...theyre the same...) - and the composer, Mozart, you have to tell where the info came from, even though I know Mozart wrote the tune off the top pf my head. Not everyone knows this info. I also do a mi i music copyright law lesson; there's a specific percentage of a piece of music that can be similar to another piece without violating copyright law. It's like those websites I used to use when in college so my prof would know whether I plagiarized.

    It makes me upset that we've not heard from Meyer on the entire thing. Her intellectual property has neen stolen. It's wrong. Plain & simple.

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  11. Les Miserables fanfic sounds amazing. Is this online anywhere???

    Oh and isn't it funny how the most creative of fanfic opportunities involves changing the setting of the relationship. Now that is a wondrous endeavor that only the most creative of writers would ever think of.

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  12. I don't know if this has already been posted but THEY WROTE A FIFTY SHADES OF GREY / PRIDE AND PREJUDICE PARODY!!!! this makes me soooo angry. I can't even.

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    1. I just came across this on Amazon by mistake and am horrified. NO. THEY. DIDN'T.

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  13. And it makes me incredibly sad when I received a landslide of despairing tweets and emails yesterday from aspiring authors who feel like giving up on their original creations because New York publishing is only interested in fanfic. If you are one of those authors, I say unto you: Don't stop. Don't give up. Because readers are going to get tired of this trend, like readers get tired of every trend. Remember 2008? When you were so tired of sexy vampires? It's going to be like that.

    I keep trying to remind myself of the same thing and have made the same complaint to everyone I know, that trends eventually die, good stories persevere and trends never last anyway. I'm one of those disillusioned writers whose been trying to pitch her story around that no one seems interested in. People tell me it's good, but if it's so good, why does no one seem to want to publish it? I, too, have complained about Fifty Shades and Bared to You on my own blog (oh my God, you should see how blatantly Bared to You rips off Fifty Shades!) and even had a link about Beautiful Bastard yesterday. I know publishing is a business, but it still irritates me that being creative and original is being shafted in favour of this constant Twilight cycle like the snake eventually eating itself. This all better lead to a renaissance in original and creative stories soon, but I'm not holding my breath...

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  14. I gotta say: Dragon Age 2 fanfic with the Anders-Hawke pairing has to be some of the best fanfic ever.

    So I don't wanna hear that "Twilight fanfic is best fanfic" garbage, Hollywood Reporter.

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  15. Thanks for writing this post! I was actually mulling this very subject over, trying to determine if the Pride and Prejudice sequels people have written would be considered plagiarism or not. P&P is public domain though, no longer copyrighted so anyone can do anything with that, really, even plagiarism (ie. Pride and Prejudice & Zombies).

    I am really disheartened with the publishing industry these days; it seems like they're going the way of the music industry and just spewing out garbage, though I suppose it has been like that for awhile. I hope to still be published one day, though.

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  17. I noticed that The Submissive, The Dominant, and The Training by Tara Sue Me were pulled from fanfiction.net for publication. The city changed to New York, and Bella is Abby now while Edward is Nathaniel. This is from the goodreads.com synopsis:

    "An online phenomenon, The Submissive is the original that inspired a new genre. Already read, and re-read, by millions around the world, it is now available in print for the first time."

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  18. "Fanfic was one of the last secret nerd refuges unchallenged by the mainstream, and now it's becoming the mainstream. That makes me incredibly sad. And it makes me incredibly sad when I received a landslide of despairing tweets and emails yesterday from aspiring authors who feel like giving up on their original creations because New York publishing is only interested in fanfic. If you are one of those authors, I say unto you: Don't stop. Don't give up. Because readers are going to get tired of this trend, like readers get tired of every trend."

    I didn't tweet you, but I am definitely one of those authors. When I heard about The Office I was so incredibly depressed about this original novel I've been working on for years. Also, it isn't just Twilight fanfiction being published. The author of a popular One Direction fan fiction also got a book deal.

    If it is true that The Office isn't as blatantly copied as 50 Shades, then that is a point in its favor; however, I still don't feel right about all this. At the end of the day, it was still Twilight fan fiction, and it was due to the Twilight association that it achieved such a fan following and as a result a book deal. So imo the authors are still profiting off another author's work.

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  19. Now I want to read a Pride & Prejudice novel set in the Steampunk world.

    I essentially write Sim fanfic. It's vaguely fanfic because I do not own the Sims. However, most of my characters are original, and even the pre-mades that come with the game have been reworked (mainly because the back stories that come with them are so vague SPECIFICALLY so players can create their own stories with them). My story is fairly well received in my small community and have been referred to as, *shudder* a BNF/BNR (and I always thought that would involve some sort of parade with confetti, maybe a huge, novelty sized check signed by Ed McMahon or something, not the stress of being in the spotlight and being a target to other people. Anyway...).

    HOWEVER, would never consider actually publishing the stuff for money. Number one, it's a melodramatic soap opera with plot holes the size of a yacht. Number two, the story is told in a illustrated novel sort of way (pictures on every slide with captions underneath). The pictures are a big thing for the story and is one of the only thing that carries it, to be honest.

    Finally, I am not arrogant enough to even BEGIN to think that my stuff is good enough for real publication. Besides, I'm already telling the story for my readers, why on earth would I rip them off with the same story just with different names and then charge them for it? That's a bunch of crap and I really think it's cheating. It ISN'T fair for those authors who actually write something straight from their own imagination.

    Bah. Anyway, I've been doing my best to inform everyone about what 50 Shades really is. In fact, one of my friends was going to buy the book then a look of disgust crossed her face when I told her what it actually was (Twilight fanfic). She has since told other people not to buy the book.

    Just doing my small part :)

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  20. I was actually going to be one of those desperate, depressed authors who tweet you about the state of the publishing world right now. I was just too embarrassed to actually say anything. Thank you for putting my frequent rants into a well-written, well-organized post. It's good to know that I'm not alone in my bafflement.

    P.S. Have you ever had problems starting a new book because an old book is holding you back?

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  21. Just as anonymous stated above, I think public domain is an important part of a lot of retellings. I'm not sure the exact amount of time, but I think an author has to have been dead for 72 years before a work is in public domain. Even if Meyers passed away tomorrow, there would still be a significant difference in publishing fanfics of her works now or 72 years from now. Anything profitting off her work before it is in public domain would still be essentially profitting off of a concept that her family could still be getting royalties from, if someone bought the original works. Anyways, I'm not an expert on this or anything, just my two cents.

    Personally as an avid reader, I'm hoping this fad will die as works can't properly move forward if everything is only two steps away from being a previous original.

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  22. What I learned from the Dear Author link: Master of the Universe was, impossible as it may seem, actually more poorly written than 50 Shades of Grey. Will wonders never cease...?

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  23. I didnt know anything about fanfic or the fact that 50 Shades was a Twilight fanfic until i delightly stummbled on this blog a week ago. Even i spent the whole book saying to myself isnt this just Twilight rewritten. I even spent half a day trying to remember Emmets name because it was obvious thats who Elliot was supposed to be. So i think it is pretty dam obvious its a rip off!

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  24. "Fanfic was one of the last secret nerd refuges unchallenged by the mainstream, and now it's becoming the mainstream. That makes me incredibly sad."
    this. my fanfic-writing soul is very very sad right now.

    and twilight is the best fanfic? says who? people who have only read twilight fanfic? i think the world just makes me sad now TT TT

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  25. Out of curiosity, what is your opinion on rpf (real person fanfiction) in this instance? Since it's using a person as inspiration, the plots are usually all original to the author. Would you consider it ethical to change the name/s of the people in the story inspired by someone in real life and then publish it? Since most authors are inspired by real people to some extent in their writing.
    I'm not looking to publish any rpf lmao. I'm just curious what you think.

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  26. Thank you for telling aspiring writers of original works not to give up. For some reason beyond my comprehension, 50 Shades of Grey was not only allowed to be published but it has become a bestseller that women everywhere are in love with. This heartbreaking knowledge has caused me to wonder why I bother working so hard coming up with an original piece. One that actually has good grammar as well as character development and a convincing plot. What's the point when publishers seem to only want to capitalize on the success of other original works by publishing fanfiction-made-original half-assed stories that only serve to get the next sex scene? I've written some fanfiction of my own, some of it good, some of it not but I would never try to sell any of it it because you know what? I accept that the characters ARE NOT MINE.

    It's very frustrating! It's good to know there are some out there who don't worship 50 Shades and actually see it for what it is. Plagiarism.

    On a side note, what's with the whole, "Twilight fanfic is considered the most creative and prolific area of fanfic, with popular stories recasting the relationship in new settings and often dropping the vampire element completely." thing?

    I'm pretty familiar with the book section of fanfiction.net and last I checked, Harry Potter is blowing Twilight out of the water by a few hundred thousand stories or so. Not that Twilight isn't a prolific section but come on, there are so many categories to write in on that site and Twilight doesn't even lead in it's own, so I'm not sure why they would say that.

    Sorry for the long post, but I really wanted to get this all off my chest!

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  27. I saw a comment on a message board yesterday from a girl who said the 50 Shades series were the best books she ever read. I imagine it's people like her who think the Twilight fanfic is the most creative.

    I couldn't help but ask if the only books she'd read before that were pop-ups. I weep for my country.

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  28. Twilight fanfic is considered the most creative and prolific area of fanfic, with popular stories recasting the relationship in new settings and often dropping the vampire element completely.

    HETALIA

    JUST THROWING THAT OUT THERE

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